1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is the representative director of the food wholesale chain Co., Ltd. D (hereinafter “non-party company”), Defendant B is an intermediate merchant who supplies food materials from the above company and sells them, and Defendant C is the mother of Defendant B.

B. Defendant B traded with Nonparty Company until November 2007. In order to facilitate the transaction relationship between Nonparty Company and Defendant B, Defendant B delayed the payment of the goods to Nonparty Company and Defendant B, the Plaintiff first paid the goods to Nonparty Company on behalf of Defendant B, and later Defendant B paid the goods for substitute payment to the Plaintiff.

C. Accordingly, around 2007, Defendant B prepared and delivered the payment guarantee certificate (Evidence A 4, hereinafter “instant payment guarantee certificate”) to the effect that the Plaintiff would pay for the goods that the Plaintiff paid to the Plaintiff on behalf of the Plaintiff, and the payment guarantee certificate (Evidence A 4, hereinafter “instant payment guarantee certificate”).

C. On behalf of Defendant B, the Plaintiff: (a) KRW 10 million on July 31, 2007 to the non-party company; and (b) KRW 14 million on February 1, 2007 to the non-party company; and

h. On February 11, 198, the total amount of KRW 37 million was paid.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition 1, Defendant B is obligated to pay the Plaintiff the price of the goods paid in lieu of the amount of KRW 36 million and the damages for delay, as the Plaintiff seeks. (2) Defendant B’s defense that Defendant B paid the price of the goods to the non-party company. However, there is no evidence to acknowledge this, the above defense is without merit. (b) Defendant B asserted that the Plaintiff’s claim against Defendant B was extinguished by the completion of the short-term extinctive prescription or commercial extinctive prescription for three years.

The parties as well as claims arising out of all commercial activities for both parties.